New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-06-22
NEVINS GETS OFF EASILY.
THE CASE AGAINST HIM DISMISSED.
THE PROSECUTION FAILS To PROVE ALL THAT WA
Gil kGKn In LILLE INnIcI,fExr


THE PRosECU TON FAILS To PROVE ALL THAT WA
CHARGED IN THE INDICTMENT.
The case against Chief Engineer Nevins, OF the
Brooklyn Fire Department who was on trial in the
Brooklyn Court of Sessions for grand larceny, was
summarily dismissed yesterday The evidence against
him was so papably weak that Judge Moore in
structed the jury to bring in verdict OF acquittsl
within an hour alter the trial was resumed. Only
three witnesses were called out OF the forty-fonr
subpGnaed. The evidence OF Henry w. Pope was far
less damaging than that he before the Assembly
Investigating Committee when reatencd with being
brought before the bar of the Legislature for con-
tempt in refusing TO His testimony failed 10
show that the money paid to Neyins to be used to
procure franchise tor the electric light company, ana
thus did not sustain the indictment. The District
Attorney said he had no further evidence on that
material point. The jury found verdict OF not guilty
without leaving their seats.
Willie the proceedings were going on, " Boss" Nc
Laughm paced up ana down the corridor and con-
iered frequently with messenger. from the court
ROOM At the opening OF court Scvins was not
present, ana Judge Moore told the Disric-Attorney
10 inform Ncyinss counsel that unless he produced
his client his bail bond would be forfeited and bench
warrant for his arrest would be issued. Aftor 5rei
delay Neyins walsed into the courtroom with much
more confident air than upon the first day John
| Shaney, City Clerk, ,Soduced the records OF the
Board of Aldermen for Nav 1884. when the franchise
granted TO the electric light companies. General
Tracy raised the objection that the minutes showed
the granting of franchise TO Pope, Sewall g. Co.,
while the indictment charged that the money was
obtained ge franchise for the Citizens Electric
| Illuminating Company. Mr. Ridgwav said this was
queer statement for man who wanted to be tried
| on the merits OF the case.
General Traey charged with the defence Of my client
don't that is vested with dsereon to
o ye Any ppn' 5 the S ns a indicted
mi, shall prove step by etep the sets that show his
District tiornsy Ridsw.yThe gentleman seem. 70 b.
led he remark did from n. statement that no
technically II this prosecution falls by
caty Will deem Tiny duty to lay before the Grand Jury
After q series OF objections and failure the part OF
the DistrctAtorney TO show from the records OF me
Aldermen that any franchise ut all was granted 10 te
| company named in the indictment. although Pope:
sewsl Co. secured one and assigned it To Inc Cthens
Company. the City Clerk was wlthdrawn as witness
and Henry W. Pope was recalled His testimony was
day His memory was more defective Il ANYTHING
then and he had even forgotten part OF the evidence
Mr. fdgway tried for long time to get the witness, to
state what was said In the conversation he had win
| that 1t was almost impossible To tell
opM Mr. Nevns evo state to you that nnles, The sum
Brookynihlt II was necessary to do that Ale never
o|wni you state in what way he did stats IT. Ale
stated way that IL was Necessary 70, a, to DO 4 .a
you that his 10 do bust
. Stated ana ai ISg banded nm over '0u nave
you Aeonly ta lat We WouId get The franchise
ha Ne ,T% i 20 ys avn ysa
thSt all that he said was that a. necessary TO use - and
eoarsfato eSn tat ali feeoect Of Il
O. know OF the payment by Mr. Nevins after the
of these checkshis S4..5ocf for your
| beneht-for the benefit OF the company A.-So sir.
Judge Moore then asked the District Attorney IL the
testimony OF Mr. Pope that Nevns told him IL was nee
raise Sc 300 sustained the Indictment Mr.
Rdgway evadcd the question. and Judge Moore told bl
he ought be frank with the Court. but Mr. Rdgway
said he thought wasn't fair 10 ask him such question
| at this stage OF tho case The Judge then said
| that no could not get any help from tho
| District Attorney. he would decide the matter
II the only inducement for paying the
money Ncvins. there must DO acquittal Tho DIS
Attorney admitted there farther proof and
| sustained. IL was simply case In which ono
| partner had got money from another for
| The good OF the business The indictment
charged that certain sum OF mOhey-four thousand and
! odd dollrs-was obtained the pretext that 10 was
necessary procure franchise for the company from
the Aldermen. Mr Popcs testimony fell short Of estab-
fishing such pretencc All he showed was that Sevins
said needful TO such and whether IL
paid for OF dozen different things WAS i'm
| material II it raised for a corrupt purpose Mr..
| Pope would have no redress. ,
After this from the Court General Tracy sad
that Eoyins had full release FROM Pope, sewel Co. IN
all their business obligations and Affairs and nothing was
heard OF this matter until IL brought out before the
Investigating Committee Judge Moore then told the jury
that the defendant net proved guilty OF any crime
ton OF and upOn the law The jury AZ once found
verdict OF not guilty defendant discharged.
District Attorney Rdgway said tho result WAS tho
Scotch verdict OF not proven" He could do pothing
moro In the matter. Chief Engineer Neyins resumed
his duties the Fire Department yesterday Afternoon